AGC is pleased to announce that the Ninth Circuit Court of Appeals has affirmed the trial court's judgment favor of the City of Pomona and various members of the Pomona Police Department.

At the trial court level, Senior Associate Sharon Medellin filed a Motion for Summary Judgment on behalf of the City and the officers seeking dismissal of the lawsuit on various legal grounds.

The Court agreed with our legal arguments and found that the officers acted in good faith in the manner of executing a search warrant and that the amount of force utilized by the officers during the incident was reasonable. AGC's efforts resulted in a dismissal of the lawsuit by the trial court.

Upon appeal, the Ninth Circuit declined to hear oral argument on plaintiff's appeal, determining that the facts and legal arguments were adequately presented in the briefs and record, and that the decisional process would not be significantly aided by oral argument.

The Court found that the District Court did not err in holding that there was no violation of Plaintiffs' Fourth Amendment rights and that the Pomona defendants were entitled to qualified immunity with respect to the excessive force and unreasonable detention claims.

Sharon Medellin specializes in civil litigation in defense of police offficers. Ms. Medellin can be reached at (562) 699-5500 or smedellin@agclawfirm.com.